Legal Question in Business Law in California

I quit my job on may 3rd 2013 for the simple notion that it was too far of a drive (1+ hour, working fri/sat/sun) for the 20 hour workweeks. I was constantly denied breaks, restroom usage, and verbally harassed by managers.

When I ask my HR 3 days later (in california you have to be paid in 72 hours) if I could come get my final paycheck, they told me they do not deal with that sort of thing and that headquarters would take care of it. My payday was also on the 3rd for a biweekly paycheck, along with a few stray hours from the 28-29th of april.

I got a check in the mail from HR for my stray hours from the 29th, but not my biweekly (and final) paycheck. I called HR who refused to talk to me. I called headquarters of employee communication and asked what happened. They said HR had my check and I could void it and be issued a replacement in 10 days. While a pain in the ass, I went through the regulations. On the 26th of may, I was mailed what I thought to be was my last "biweekly paycheck". Come the 31th of may, my check was chargebacked by my company, leaving me 100USD in the hole from overdraft fees and minus the rest of my paycheck.

Naturally, I called asap (today). They told me I can't cash both (duh, I have only received one). I told them that this was the only check I had cashed and it was the check they had mailed to me and there was obvious confusion on my part. I could wait 10 more days for a new check if I wanted or wait to see if the old replacement check is floating somewhere in USPS.

I told them that in california, after 3 days, I'm entitled to payment per day my last paycheck hasn't been given to me. They told me HR said I quit on the 7th. I asked them when my last clock in was, and it was on the 28th/29th. I told them because I had only worked weekends, why would I both quitting on a tuesday? It was pretty apparently I quit on the friday of that weekend, hence the clockin time not being for the weekend before the 7th. They told me I had to go back to the original HR (whom dont take my calls if they get my name) and it was on them. Not only that but my paycheck for the 3rd (technically my last paycheck, since it was owed the day I quit) wasn't counted as my last paycheck because its a biweekly one.

I don't know what to do anymore. I know I have a legal right to my paycheck + the days missed but they are just chumming me along. What do I do?

Asked on 6/03/13, 2:01 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless
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If you have a claim for untimely or unpaid wages, then you can file a complaint with the Labor Commissioner, seeking the amount due, plus interest and penalties.

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Answered on 6/03/13, 6:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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The Labor Commissioner is in the California Department of Industrial Relations, and you'll find a prominent link to making a claim for unpaid wages or salary at www.dir.ca.gov

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Answered on 6/04/13, 9:20 am
Anthony Roach Law Office of Anthony A. Roach
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In addition to the Labor Commissioner, you can also usually get an attorney to sue on your behalf for unpaid wages, waiting time penalties, and have them pay your attorney's fees.

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Answered on 6/13/13, 9:43 pm

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